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HomeMy WebLinkAbout09242007 City Council PacketThe City of Seward, Alaska City Council Meetin 7:30 .m. Council Chambers S tmber 24, 2007 Vanta Shafer Mayor Term Expires 2007 Willard E. Dunham Vice Mayor Term Expires 2008 Robert Valdatta Council Member Term Expires 2007 Robert Thomas Council Member Term Expires 2007 Steve Schafer Council Member Term Expires 2007 Jean Bardarson Council Member Term Expires 2008 Linda Amberg Council Member Term Expires 2008 Phillip Oates City Manager Jean Lewis City Clerk Brad Meyen Cheryl Brooking City Attorney City of Seward, Alaska September 24, 2007 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. CITIZENS' COMMENTS ON ANY SUBJECT EXCEPT THOSE ITEMS SCHEDULED FOR PUBLIC HEARING. [Those who have signed in will be given the first opportunity to speak. Time is limited to 2 minutes per speaker and 30 minutes total time for this agenda item.) 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval of Consent Agenda passes all routine items indicated by asterisk (*). Consent Agenda items are not considered separately unless a council member so requests. In the event of such a request, the item is returned to the Regular Agenda) 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS A. Proclamations and Awards 1. Memoriam for Ex-Mayor Lee McAnerney ...... Pg. 4 2. Family Day is September 24, 2007 ...................Pg. 5 3. Proclamation to Seward Elementary School for their Alaska School Performance Incentive Award.......Pg. 6 4. Fire Prevention Month . ............................... Pg. 7 5. First Responder Day September 25, 2007 ...........Pg. 8 B. Borough Assembly Report C. City Manager's Report D. Chamber of Commerce Report E. Seward Planning and Zoning Commission Report F. Other Reports, Special Presentations Council Agenda Page 1 7. PUBLIC HEARINGS -None 8. UNFINISHED BUSINESS A. Items Postponed from a previous agenda 1. Resolution 2007-068, Adopting A Moratorium Of All Property Lease And Sales Of City Owned Land In The Nash Road Bench Area Until A Development Study Of The Area Is Completed And Reviewed By Council; The Moratorium Includes The Request By Brad Snowden To Purchase An Approximate Five (5) Acre Portion Of City Owned Property Which Has A Legal Description Of Tract H1 Fourth Of July Creek Subdivision, Roberts Replat . ......................................................Pg. 9 9. NEW BUSINESS A. Ordinances for Introduction * 1. Ordinance 2007-007, Amending The Land Use Plan And Rezoning Of Tract D, Of The USS 1864, Seward Long Term Care Facility Subdivision (Preliminary Plat) And Rezoning The North Portion Of Tract A-1, Of The USS 1864, Seward Long Term Care Facility Subdivision (Preliminary Plat) From Single Family (Rl) To Institutional (INS) . .......................................................................................Pg. 18 B. Resolutions * 1. Resolution 2007-087, Approving amendment #5 to the employment agreement with the city clerk . .............................................................................. g 29 P. 2. Resolution 2007-088, Authorizing The City Manager To Enter Into A Contract With Metco Inc. To Repair The Japanese Creek Levee At A Cost Not To Exceed $100,451, With Financing From The 2008 Designated Legislative Grant From The State Of Alaska . ..................................................................................... g 32 P. *3. Resolution 2007-089. Electing To Participate In The AML/JIA Loss Control Incentive Program For The City Of Seward . ..........................................Pg. 39 4. Resolution 2007-090, Authorizing The City Manager To Enter Into A Second Extension Of The Agreement With Tryck Nyman Hayes, Inc. To Provide Engineering And Design Services For The I & T Docks And The Travel Liffi/Bulkhead In The Small Boat Harbor For An Amount Not To Exceed $52,000. ................................................................................................ g 42 5. Resolution 2007-091, Amending The Electric Enterprise Fund 2007 Operating Budget To Include Two Positions For Operator/Mechanics . .......................Pg. 48 6. Resolution 2007-092, Denying A Request By Brad Snowden To Purchase Tract H1 Fourth Of July Creek Subdivision, Roberts Replat, To Preserve Access To City- Owned Tidelands . ........................................................................ g 50 P. City of Seward, Alaska Coz~ncil Agenda September 24, 2007 Page 2 C. Other New Business Items * 1. Approval Of The August 27, 2007 Regular City Council Meeting Minutes. ...............................Pg.55 *2. Approve draft letter to the MTAB requesting the return of the M/V TustemPga62 addressed at their upcoming October 8, 2007 meeting agenda. 3. Discuss and vote whether to dirastl hSeward. (Valdatta) initiate a meeting with Frank Avezac regarding natura g 4. Update and discussion of Resolution 2007-079 which addressed levee repairs and subdivision agreements in the vicinity of Japanese Creek (Resolution attached). ....Pg. 63 ........................................... 10. INFORMATIONAL ITEMS AND REPORTS (No action required) .......................Pg. 66 A. City Monthly Financial Report ......•••••••••••••••••••••••••"' pg,74 B. Providence Seward Medical Center Financial Report ................ 11. COUNCIL COMMENTS 12. CITIZENS' COMMENTS [5 minutes per individual -Each individual has one opportunity to speak.) 13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS 14. ADJOURNMENT Council Agenda City of Seward, Alaska Page 3 September 24, 2007 ~~ r' ~ ~ ~:. r~ .~. .~ ~ ~: ..: ~; ~ ~.; .~ `; gip- -- r f' ~ ~ ^ ~ w `+s ^, h ^, ~+et +i r._ tiw ''°'"~ "`ter ~ .tir "~`~ ~ ~ ~` ~ ~ ` -i v ~,,,., ,~ .ar ~~ . 4 ' r t' rte-.. r+ ~ `'t~~r. .~ J; _ .+, ..: , rr. ~:: ^ M1 ~ j Q t~ .... ,~ tiA ~ ~ !"`' ~ ra. C4 ~+ tier C`} ~ !'~ ~' ~ ~ ^+{n ti~ V J ~ 'f*Lt M ~ ~ 1w ~~' e~j, ~v ~ ~ !~ ~e~ ~] ~! .., ~, . ~ ~ ~~~ ~° o a~ ~ ~ ~ ,.;. w ~ ~ u ~ ~ ~ ~ ~ ~~ «,~ ~ ~, ~~ cry ~ ,~. tia ~~ ~ `'' ~ c C') ./) hs ~_. ~ .~.. (~..` `' A~ r~ V till `.e' ~.. ~ , ~~ ~. ti ~'-~ .~-. w.4, 1 1 ', ~~ r~ e~ ` 1 PR O CL A MA TON WHEREAS, the use of illegal and prescription drugs and the abuse of alcohol and nicotine constitute the greatest threats to the well-being of America's children; and . WHEREAS, 12 years of surveys conducted by The National Center on Addiction and Substance Abuse (CASA) at Columbia University have consistently found that the more often children and teenagers eat dinner with their families the less likely they are to smoke, drink and use illegal drugs; and WHEREAS, teenagers who eat dinner with their families two times a week or less are twice as likely to drink alcohol and smoke cigarettes, compared to teens who have frequent family dinners; and WHEREAS teenagers who eat dinner with their families are half as likely to smoke cigarettes, smoke marijuana and drink alcohol; and WHEREAS, the correlation between family dinners and reduced risk for teen substance abuse are well documented; and WHEREAS, parental engagement is known to be one of the most crucial factors in determining the likelihood of substance abuse by teenagers; and WHEREAS, family dinners have long constituted a substantial pillar of family life in America: NOW THEREFORE, I, Vanta Shafer, Mayor of the City of Seward, do hereby proclaim the fourth Monday in September as: Family Day - A Day to Eat Dinner With Your Children and urge all citizens to recognize and participate in its observance. Dated this 24th day of September, 2007. Vanta Shafer, Mayor r~ tr~~ -, -,~ i~* 5~~ ~ ~ 19 ' "'., ~7 ~ r:' PROCLAMATION WHEREAS, the Alaska legislature approved the Alaska School Performance Incentive Program in 2006 which rewards schools that have created a learning environment in which student achievement substantially increases; and WHEREAS, these program assessments are aligned to state academic standards; and WHEREAS, this three year pilot program is the first statewide effort in Alaska that ties staff compensation to student achievement; and WHEREAS, four performance levels earn four levels of incentive payments; and WHEREAS, nine Kenai Peninsula Schools, including Seward Elementary, Cooper Landing and Moose Pass showed students who had progressed more than one grade level or year's growth; and WHEREAS, 770 staff members at 42 schools. will share $1, 762, 37S in incentive payments, and district wide staff who contributed to those schools' success will share $88,118.75 in payments; and WHEREAS, Seward Elementary showed a high growth level and came in 18th in this year's awards. NOW, THEREFORE, I, Vanta Shafer, Mayor of the City of Seward, do hereby congratulate: Seward Elementary School Staff and the other Peninsula school recipients for being 2007 Alaska Performance Incentive Program Award winners, and thank them for their tireless effort in the pursuit of higher education standards for our community's children. The City of Seward, Alaska Manta Shafer, Mayor • 6 PROCLAMATION WHEREAS, Fires are caused by carelessness and inattentiveness to situations that cause fires and injury; WHEREAS, The State of Alaska has experienced significant fire related deaths; WHEREAS, The Governor of Alaska has proclaimed October as Alaska Fire Prevention Month; WHEREAS, The City of Seward has experienced low fire deaths because the diligence of the community, the investment it has made in its fire service program and the dedication of the volunteer firefighters; WHEREAS, Even one fire death in our community is one death too many, the City Council requests the citizens of the community of Seward to participate in fire prevention every day. Mayor of the City of Seward, do hereby NOW THEREFORE, I, Vanta Shafer, roclaiming October as join with the Governor of the State of Alaska, by p Fire Prevention Month and encourage all. citizens of the City of Seward to protect themselves from the ~~ dangers of fire through fire education and safe practices. t; S> S> ~~ ,, Z' Z ~Z ~% ~` S~ ,' >; c. ~` ~~ 4; ~. PROCLAMATION. WHEREAS, the Police, Fire, Emergency Medical Service and Public Health Personnel, commonly known as "First Responders" are highly devoted individuals who work selflessly on behalf of the citizens and visitors of this community, knowing full well the peril and hazards to their own lives; and WHEREAS, First Responders are called upon daily and especially in times of disaster and human suffering to carry out the critical role and task of protecting life and property and ensuring the overall safety of the public; and WHEREAS, the citizens and visitors of the City of Seward have benefited from the courageous acts of service of First Responders throughout the community; and WHEREAS, the sworn Police Officers of the City of Seward protect life and property, detect and prevent crimes and uphold the law and ensure justice; and WHEREAS, the Fire Fighters of the City of Seward, both volunteer and career, protect life and property, provide fire suppression, emergency medical services, search and rescue, hazardous materials response and critical fire prevention and safety education; and WHEREAS, the Emergency Medical Professionals of the City of Seward respond to and treat a variety of life-threatening emergencies including cardiac and respiratory arrest and traumatic injuries in addition to providing general medical care to the community; and WHEREAS, First Responders have made high personal sacrifice to protect our community and its visitors on a daily basis and thousands of First Responders have made the ultimate sacrifice nationwide by giving their own lives; and WHEREAS, these men and women by selfless service to their fellow man and their dedicated patriotism to their community have earned the respect and gratitude of those they serve. NOW THEREFORE, I, Vanta Shafer, Mayor of the City of Seward, do hereby designate September 25, 2007 as FIRST RESPONDER'S APPRECIATION DAY to honor and celebrate the contributions and sacrifices made by all First Responders in the City of Seward. Dated this 24~h day of September, 2007. ~~~~~ ~I"~~C ~ ~DA~~-~tta~ Vanta Shafer, Mayor Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ADOPTING A MORATORIUM OF ALL PROPERTY LEASE E CH~AREA UNTIL A DEVELOPMENT THE NASH ROAD STUDY OF THE AREA I5 COMPLETED AND REVIEWED BY COUNCIL; THE MORATORIUM INCLUDES THE REQUEST BY BRAD SNOWDEN TO PURCHASE AN APPROXIMATE FIVE (5) ACRE PORTION~O ION OFO TRACTRHIE OURTHI OF HJULY LEGAL DESC CREEK SUBDIVISION, ROBERTS REPEAT WHEREAS, Brad Snowden has applied to purchase a portion (approximately five (5) acres) of Tract H1, Fourth of July Creek Subdivision, Roberts Replat for future development and his residence; and WHEREAS, Tract H1 is located in the Resource Management Zoning District which allows for residential and commercial uses; and WHEREAS, Tract Hl is not specifically mentioned in the Municipal Lands Management Plan (1995), which is the primary document for determining status for disposal of City owned lands; and WHEREAS, the Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 15, 2007 and approved Resolution 2007-10, recommending City Council dispose of a portion of Tract H1 and the Commission found the Request for Proposal (RFP) process was in the best interest of the City and recommended that the RFP process be followed; and WHEREAS, on June 5, 2007 the Planning and Zoning Commission approved Resolution 2007-12 recommending Council support and fund a study of potential development options for the "Bench" area on the East side of Resurrection Bay. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The sale of an approximate five (5) acre portion of Tract H1, Fourth of July Creek Subdivision Roberts Replat is not in the best interest of the public and/or the ~, CITY OF SEWARD, ALASKA RESOLUTION 2007-068 PAGE 2 OF 2 City at this time. Section 2. The public interest prior to completing a study of the impact on City services of such land lease and sales and the City shall be best served by completing a study of potential development options for the City owned parcels known as the "Bench" area, both above and below Nash Road, on the East side of Resurrection Bay before leasing or selling any further City owned property within the "Nash Road Bench" area. (see attached map) Section 3. There shall be a moratorium on consideration of unsolicited proposals for the purchase of City owned land within the "Nash Road Bench" area (both above and below Nash Road) in order to allow the City to complete a Nash Road Bench study to consider the impact of land sales and development options to City services and any needed infrastructure improvements. This moratorium shall end on the earlier of twenty four (24) months from this date or the completion of the Nash Road Bench study and reviewed by the City Council, whichever occurs first. Section 3. This resolution shall take effect ten (10) days following its adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 9`h DAY OF July 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 4 1 ' t /1 Council Agenda Statement Meeting Date: September 24, 2007 Through: Phillip Oates, City Manager !~! _ From: Donna Glenz, Planning Assistant Agenda Item: Adopting a moratorium of all property lease and sales of City owned Land in the Nash Road Bench Area until a development study of the area is completed and reviewed by council; the moratorium includes the request by Brad Snowden to purchase an approximate five (5) acre portion of land owned by the City, which has a legal description of Tract H1, Fourth of July Creek Subdivision, Roberts Replat. BACKGROUND & JUSTIFICATION: The City has received a proposal from Brad Snowden to purchase approximately five (5) acres of Tract Hl, Fourth of July Creek Subdivision, Roberts Replat. Tract Hl is a 9.4 acre parcel located on the east side of Resurrection Bay. Tract H1 has frontage along Nash Road on the east and beach frontage on the West sides of the parcel. There is an old cat trail traversing through the parcel and into a gully at the South portion of the property. The gully has a history of being inundated during flood events. There is a high bluff along the West side of the property above Resurrection Bay. Tract H1 is in the Resource Management zoning district. The applicant has requested to purchase approximately five (5) acres of the Northern portion of Tract H1 for future development and a single family home. The staff review has focused on infrastructure concerns with development in this area. The Fire, Electric and Public Works Departments have expressed concerns regarding the lack of public infrastructure to support current development of properties along Nash Road. Specific concerns voiced by the Fire and Police Departments were line of site issues for driveway access to Nash Road and general snow removal. Public Works voiced concerns with the lack of public services, including water, sewer and electric. T'he Electric Department voiced strong concerns with allowing development without subdivision agreements being in place. Increased development in this area will require additional public infrastructure. The Planning and Zoning Commission approved Resolution 2007-10, recommending disposal of a portion of Tract Hl, Fourth of July Creek Subdivision, Roberts Replat, at the May 15, 2007 meeting; however they voiced concern for the lack of a development plan of the Nash Road Bench area. At the June 5; 2007 Pl~ Couannd'lZ sum ort eand fund ao study 1 of potent al Resolution 2007-12, recommendmg PP development options for the "Bench" area on the East side ofResurrection Bay. 1~ ~~~ CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward .City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. The Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management. FISCAL NOTE: Approved by Finance Deparkment: ~~^~ RECOMMENDATION: Council approve Resolution 2007- , adopting a moratorium of all lease and land sales of City owned land in the in the Nash Road Bench Area until a development study of the area is completed and reviewed by Council; the moratorium includes the request by Brad Snowden to purchase an approximate five (5) acre portion of City owned property which has a legal description of Tract H1 Fourth of July Creek Subdivision, Roberts replat. 12 ~, :~ Sponsored by: Applicant CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-10 A RESOLUTION OF THE SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING A STATUS FOR DISPOSAL OF LAND OWNED BY THE CITY, WHICH HAS A LEGAL DESCRIPTION OF TRACT Hl, FOURTH OF JULY CREEK SUBDIVISION, ROBERTS REPEAT WHEREAS, Brad Snowden has applied to buy a portion (approximately five acres) of Tract Hl, Fourth of July Creek Subdivision, Roberts Replat; and WHEREAS, Tract Hl is not mentioned in the Municipal Lands Management Plan (1995), which is the primary document for determining status for disposal of City owned lands; and WHEREAS, the Planning and Zoning Commission reviews and makes recommendations to the City Council regarding the pros and cons of disposing of a nominated parcel as provided for in the Seward Lease Policies and Procedures; and WHEREAS, the applicant has stated that he plans to build a single family home on the approximate five (5) acre parcel; and WHEREAS, the City encourages the development of property within City limits; and WHEREAS, public access to the beach would not be affected by the purchase of the approximate five (5) acre portion of Tract H1 requested by the applicant; and WHEREAS, Tract H 1 is located in the Resource Management Zoning District which allows for residential and commercial uses; and WHEREAS, the disposal of City land can be done most fairly through the Request for Proposal process; and WHEREAS, having complied with the public notification. process on May 15, 2007, the Seward Planning and Zoning Commission held the required public hearing on the disposal options for Tract H1, Fourth of July Creek Subdivision, Roberts Replat. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: ~'~- Seward Planning and Zoning Commission ResolutionNo.2007-10 Page 2 Section 1. The Planning and Zoning Commission finds that selling a portion of Tract H1, Fourth of July Creek Subdivision, Roberts Replat is in the best interest of the City. Sect_ 2. The Planning and Zoning Commission finds that the Request for Proposal (1ZFP) process is in the best interest of the City and. recommends that the RFP process be followed. Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the Seward Planning and 7~oning Commission this 15th day of May 2007. THE CITY OF SEWARD /~ -~ i1Gt;' 1vla~ ianna Keil, Cha' AYES: Clark, Anderson, Hicks, Roach', Hohl, Smith, Keil NOES: None ABSENT: None ABSTAIN: None ATTEST: ~ ~ ~~ Jean Lewis,, CMC-~ Cii}y Clerk ~J .,`x;:36! il9~o t ~F,e 'A ~ ~~. +flc (City Seal) °"+ -t ~~,.~.,~~:,.r~ .yam 1u1' K•~ ~ ~ • sa B .. ~ u 4 A w® ae ~~ ~~'~ a ~ 4 aY ~~~~~~~~ a ~ ~~s~ 4~~~~ ~, J Sponsored by: Planning and'Zoning C+~mmission CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2007-12 A RESOLUTION OF THE 'SEWARD PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING THE CITY COUNCIL SUPPORT AND FUND A STUDY OF POTENTIAL DEVELOPMENT `OPTI'ONS FOR THE "BENCH" AREA ON THE EAST SIDE OF RESURRECTION BAY WHEREAS, Seward City Code 2.30.225 chazges the Sewazd Planning and Zoning Commission ("Commission") with responsibility for promoting the public interest and understanding of comprehensive planning, zoning,' land management and other issues related to community planning and development; and WHEREAS, the Commission has identified the "bench area" located on the East side of Resurrection Bay as a potential opportunity for development, as it would expand the availability of developable land within City boundaries; and WHEREAS, in recent years, the Commission and the Seward City Council have taken action to recommend and authorize disposition of individual parcels on the East side of Resurrection Bay, without a comprehensive and organized plan for future development in these azeas, which may limit the potential for achieving the highest and best use of these properties for the community's overall benefit; and . WHEREAS, in considering potential development options .for the "bench area", the Commission recommends that every effort be made to recognize the valuable role that this area plays in protecting the community's view-shed, and that potential development in this area proceed in a manner that minimizes adverse impacts to the view-shed. NOW, THEREFORE, BE iT RESOLVED by the Sewazd Planning and Zoning Commission that: Section 1. The Commission hereby recommends that the Seward. City Council pursue a study of the "bench area" located on the East side of Resurrection Bay, to consider potential development options for this area, and to encourage orderly and planned development to meet the highest and best use of this land for the community benefit, recognizing the value that this area plays in protecting the community's view-shed. Section 2. This resolution shall take effect immediately upon adoption. ~s i Sevaard Planning and Zoning Resolution 2007-12 page 2 of 2 D APPROVED by the Seward Planning and Zoning Commission this 5~' day PASSED AN of June, 2007. THE CITY OF :SEWARD ' //- /~~ ~.- Tom Smith, ice Chair AYES; Anderson, Clark, Hicks, Roach', Smith NOES: None ABSENT: Hotel, Keil ABSTAIN: None ATTEST: Ci lerk ~,~~, ~ Q~ ~~~"~A~°''a •~yC ~~'••~~~~ ~ '`mar `f t~A (City Seal~• : `,~G ~ r~~ ,~ • i~'~ v t --+~- a «+ . G~ ~~ • Sri )` '• •~ 1=1_ .•~,5y`v",~o 'rsan Sponsored by: Plannine and Zonin¢ Commission Introduction Date: September 24, 2007 Public Hearing Date: Enactment Date: CITY OF SEWARD, ALASKA ORDINANCE 2007-007 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE LAND USE PLAN AND REZONING OF TRACT D, OF THE USS 1864, SEWARD LONG TERM CARE FACILITY SUBDIVISION (PRELIMINARY PLAT) AND REZONING THE NORTH PORTION OF TRACT A-1, OF THE USS 1864, SEWARD LONG TERM CARE FACILITY SUBDIVISION (PRELIMINARY PLAT) FROM SINGLE FAMILY (Rl) TO INSTITUTIONAL (INS) WHEREAS, the City of Seward has requested a rezone of Tract D, USS 1864, Seward Long Term Care Facility Subdivision (Preliminary Plat)); and WHEREAS, the Kenai Peninsula Borough as owners of the adjoining Tract A1, USS 1864, Seward Long Term Care Facility Subdivision (preliminary plat) have requested the northern portion of Tract Al be included in the proposed rezone; and WHEREAS, the single parcel, approximately 8 acres, known as Tract D, Seward Long Term Care Facility Subdivision (Preliminary Plat) is proposed to provide land for the development of the community Long Term Care facility and is currently zoned Single Family Residential (R1); and WHEREAS, the northern portion, approximately 12.5 acres known as Tract A1, Seward Long Term Care Facility Subdivision (Preliminary Plat), contains the new Seward Middle School and is currently zoned Single Family Residential (R1) and the Land Use Map recommends this same area become Institutional (INS); and WHEREAS, the total area of the land being rezoned is approximately 20.5 acres; and WHEREAS, the properties to the South and East are currently zoned Institutional (INS), and the properties to the West and North are currently zoned Single Family Residential (R1); and WHEREAS, providing land for the development of the community health care needs are supported in both the Comprehensive and Strategic Plans and will be beneficial for the community at large; and ~~ City of Seward Ordinance 2007-007 WHEREAS, the official Zoning Map and Land Use Map as described in SCC §15.01.030 will have to be amended from Single Family Residential (Rl) to institutional (INS) in response to this zoning and land use map change; and WHEREAS, required by Title 15 of Seward City Code, public notice and public hearing procedures for amending zoning and land use district designations, all property owners within three hundred (300) feet and in addition all local property owners who use the Forest Acres road network were notified of the proposed zoning and land use change, and the property was posted with public notice signs; and WHEREAS, at the September 4, 2007 meeting, the Planning and Zoning Commission, held the public hearing and recommended City Council approval of the proposed zoning amendment included in this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. Changing the land use designation of Tract D, USS 1864, Seward Long Term Care Facility (Preliminary Plat) (as displayed in attached preliminary replat) from Single Family Residential (Rl) to Institutional (INS) hereby amends the official Land Use Map of the City. (as depicted in the attached exhibit) Section 2. Changing the zoning designation of Tract D, USS 1864 Seward Long Term Care Facility Subdivision {Preliminary Plat) and the northern approximate 12.5 acres of Tract Al, Seward Long Term Care Facility Subdivision (Preliminary Plat) (as displayed in attached preliminary replat) from Single Family Residential (Rl) to Institutional (INS) hereby amends the official Zoning Map of the City. (as depicted in the attached exhibit) Section 3. This ordinance shall take effect ten (10) days following enactment. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS DAY OF 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ~~ Council Agenda Statement Meeting Date: September 24, 2007 , Through: Phillip Oates, City Manager i~~ From: Donna Glenz, Planning Assistant Agenda Item: Approval of Ordinance 2007-, which will amend the Land Use Plan and rezone the azea of USS 1864, Tract D, Sewazd Long Term Care Facility Subdivision (Preliminary Plat) from Single Family Residential (Rl) to Institutional (INS) and Rezone Tract A1, from Single Family Residential (Rl) to Institutional (INS). BACKGROUND & JUSTIFICATION: ~~ Attached for the City Council review and adoption is Ordinance 2007-~, amending the Land Use Plan and Rezoning of USS 1864, Tract D, Sewazd Long Term Caze Facility (LCTF) Subdivision (Preliminary Plat) from Single Family Residential (Rl) to Institutional (INS) and Rezone of Tract A1, Sewazd LTCF Subdivision (Preliminary Plat) from Single Family Residential (Rl) to Institutional (INS). The City of Sewazd is requesting this rezone in order to provide land suitable for the relocation of the community's LTCF. The pazcel to be known as Tract D contains approximately eight (8) acres of undeveloped land. Both the current Land Use Map and Zoning Map show Tract D currently zoned Single Family Residential (Rl). Changing the current Zoning and Land Use Maps to Institutional Zoning will allow the relocation and development of the community LTCF with a conditional use permit (CUP), as per Table 15.10.225, Land Uses Allowed. The new Sewazd Middle School is located on the northern portion Tract A1, Sewazd LCTF Subdivision (preliminary plat), this approximate 12.5 acre portion is currently zoned Single Family Residential (Rl). The Land Use Map recommends the parcel be rezoned to Institutional (INS). Staff has contacted the Kenai Peninsula Borough (KPB), the current owners of Tract Al and requested the parcel be included in the current rezone action. The KPB supports the request and has asked to be included in the rezone process. The properties to the South and East aze currently zoned Institutional (INS), and the properties to the West and North aze currently zoned Single Family Residential (R1). The Single Family Residential (Rl) azeas to the West and North are designed for smaller, low to medium density lots with single-family homes. Institutional (INS) areas to the South and East aze large azeas designed for public and private educational and health caze uses. The Seward City Code 15.05.025 defines the Institutional district (INS) Public and private educational, administrative, government and health care uses, including public land reserve for ~~ future public development. The development standards are intended to set a high standard to assure that the activities provide visual amenity to the surrounding area. The Sewazd City Code 15.05.025 defines the Single famioneeto enve dwelling (units perda~ e) provide for stable and quiet low to medium density om other uses except those which are detached, single family residential development, free fr both compatible and convenient to residents of such a district. rim concern of all land use regulatory actions including zoning, is to Recognizing the p azy r SCC 15.01.010, administration promote public health, safety, and general welfare, as pe recommends this rezone for several reasons: 1. This rezone will provide more land for the health care needs of the community, specifically for the proposed LTCF. The intent for the LTCF is to have a campus like setting which will feature five buildings versus one lazge structure. The campus setting promotes a "home" environment within a residential setting with landscape buffers between the adjacent roads, versus the traditional medical institutional setting. 2, While there are limitations involved with attempting tone rio rite oethaleth care i and the needs over the land use needs for single family ho Y community has a very limited selection of land available for a health care facility, whereas more options are available for land for single family homes. 3. The 2020 Comprehensive Plan and the 1999 Strategic Plan encourage improving the health caze capacity of the community The Seward .City Council by Resolution 2007-60 directeed ovidel and for the development of the acquisition of the parcel now proposed as Tract D, t p the community's LTCF. As required by Seward City Code, the property owners within three hundred (300) feet of Tract Al and Tract D, Seward LTCF Subdivision (Preliminary Plat), in addition all local property owners who use the Forest Acres road network `'~'olvemen Band the property was posted with order to provide more opportunity for public my public notice signs. At the time of this printing the Community Development Office had received several verbal public inquires regarding the proposed rezone however none of the comments or inquires have been opposed to the rezone of either pazcel. CONSISTENCY CHECKLIST. ~ X 1. Comprehensive Plan (2020) The Comprehensive Plan states "Relocate the [LTC] facility and the hospital to a site which will support expansion and modernization .(page 26). X 2. Strategic Plan (1999) The Strategic Plan states "We are a community that provides an integrated array of health caze ~~ services designed to protect and improve the quality of life for all citizens". (page 19) PLANNING AND ZONING REVIEW At the September 4, 2007 Planning and Zoning meeting the Commission approved Resolution 2007-16 recommending City Council adopt Ordinance 2007-~~, amending the Land Use Plan and Rezoning of USS 1864, Tract D, Seward LTCF Subdivision (Preliminary Plat) from Single Family Residential (R1) to Institutional (INS) and .Rezone of Tract A1, Sewazd LTCF. Subdivision (Preliminary Plat) from Single Family Residential (Rl) to Institutional (INS). FISCAL NOTE: The City of Seward will have no costs, associated with this amendment to the Land Use Plan and change of zoning designation. Approved by Finance Department~~ RECOMMENDATION: ~a0`7 -`Oll'~ Staff recommends Council introduce and adopt Ordinance , amending the Land Use Plan and rezone the area of USS 1864, Tract D, Seward LCTF Subdivision (Preliminary Plat) from Single Family Residential (Rl) to Institutional (Il~TS) and Rezone Tract A1, from Single Family Residential (R1) to Institutional (INS) (as depicted in the attached exhibits). s~ Sponsored by: Applicant CITY OF SEWARD, ALASKA ; , , PLANNING AND ZONING COMMISSION RESOLUTION 2007 A RESOLUTION , OF THE SEWARD OPF ~SEWARD~D AIOASKA, COMA'IISSION OF THE CITY RECOMMENDING CITY COUNCIL AFPT~C ' D OFMEIiEDU S 1864 LAND USE PLAN AND.. REZONING O SEWARD LONG' ''I'EItIVI -CARE FACILITY SUBDIVISION (PRELIMINARY PLAT) AND REZONING THE RMRC RE FACILITY TRACT Al, USS 1864, SEWARD . LONG SUBDIVISION (PRELIMINARY PLAT) FROM SINGLE ~ FAMILY (Rl) TO INSTITUTIONAL (INS) ' REAS the City of Seward has requested a rezone and amendment of the tan from WHE Term Care Facility (preliminary p ) Plan for Tract D, of the USS 1864 Seward Long Single Family Residential (Rl) to Institutional (INS), and WHEREAS, the Kenai Peninsula Borough as owners of the adjoining Tract Al, USS 1864, Seward Long Term Care Facility .Subdivision (Preliminary Plat) have requested to be included in the proposed rezone; and WI~REAS, the public notification process has been complied with. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission that: Section 1. The Commission recommends the attachedtO~e SewardOLand Use Map and to City Council for approval, recommending the amendment relimi~nar5' plat): Rezone of Tracts Al and D, Seward Long Term Care Facility (p Section 2. This resolution shall take effect immediately upon its adoption. n~ h Seward Planning and Zoning Resolution No. 2007-16 Page 2 PASSED AND APPROVED by the Seward Planning and Zoning Commission this 4~' day of September 2007. THE CITY OF SEWARD, ALASKA M rianna Keil, Cha AYES: Kell, Smith, Anderson, Hicks, Roach'. Clark NOES: None ABSENT: None ABSTAIN: None VACANT: One ATTEST: J Lewis, ity Clerk (City Seal) eet~6~~~~~~$~~~. tr • ti~ ~~e M r ~M ~ ~ r ,~ o s ~e ® ~F,,la! fa • e 0 q w ~~ : m Y at -(/ d~~J ~ ~~ ~P ;~~~'~® ~~,jasr~~s~Q~~~ ~~ w City of Seward, Alaska Planning Commission Minutes Volume 6, Page 156 Septemoer w> ~ ~~ Anderson said that she liked the way Oak Street was angled anno tur Gobi m wimtlei hei ould determine how the road would be developed. She stated that this was P Smith agreed with Commissioner Anderson and stated that for future development they should leave all the options available. . Clark stated that he would be comfortable accessing the Long Term Care Facility. Roach' stated that she would like to clean uP ~ sentences.d Kenai Peninsula Borough exceptions and stated that she thought there should be two Keil commented that the area north of Hemloc develou ment She hoped other access pointgs Term Care Facility would have less impact than future P including Hemlock would be investigated. Motion Passed Unanimous esolution 2007-16 recommending City Council approvoIIl ofra ~ Cage Facility Subd vision rezoning of Tract D, of the U.S.S. 1864, Seward L g (Preliminary Plat) and rezoning the north portion of Tract A-1, U.S.S.1864, KPB Replat from Single Family (Rl) to Institutional (INS) Commission recessed from. 8:54 p.m. to 9:OO p.m. Glenn explained Resolution 2007-16. She referred to thas ~urreentl oned Smg a Family what Tracts were being considered. She stated that Tract D w Y. Residential and what was proposed was to have Tract ed to the Land Use Map anldstated that the included in the. Instltutional Zoning District. Glenn referr only area that would change would be the area for the LongoT~e~ ~ ~e Forest Acres roadtsy tem property owners of the adjacent area and all of the property Develo ment Office received were notified of this intended rezone. Glenn stated that the Community P one phone call from a property owner in the lower a ded that Resolution 2007 16 be approved e Facility and the rezone. She stated that staff recomm In response to Anderson, Glenn explained the difference betwa~ the ~ a dis~clulssed be ome and rural residential. She stated that the land use map recommended th rural residential. Notice of public hearing being posted and published as required by law was noted and the public hearing was opened. No one requested to be heard and the public hearing was closed. Motion (Anderson/Smith) Motion Passed Approve Resolution 2007-16 Unanimous ~J ... 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Tc.~ $° = F a 4 x ~. r I I I a ~• rn ~ .. Gri° ~ ~~ 6 ~t 3s* ~G~-.e ~ . .~ n~~`e a a ~ - '2 S ~ = i i;G~ ~~ a '• ~ ~ _ I t `r Institutional (INS) /,~ Rezone from R'I to INS Tracts ~1 and Q, LTC replat 0 170 340 Feet I -- ~ - ~ N Alaska Map Company ~~~~ ~~ a. ity Council_Ordinance 2007-XXX ~"" ~~ D.Glenz Current Land Use M-~_ ~a~• CI'ty oC ucil I~Itg 9-24-2007 Sponsored by: Clerk CITY OF SEWARD, ALASKA RESOLUTION 2007-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT #5 TO THE EMPLOYMENT AGREEMENT WITH THE CITY CLERK WHEREAS, Jean Lewis has been employed by the City Council in Seward, Alaska as the City Clerk since May 22, 2002; and WHEREAS, Lewis' contract states City Council agrees to review Lewis' salary annually prior to adoption of the City's fiscal budget; and WHEREAS, the City Clerk does not participate in standard employee step increases or cost of living allowances (COLA) as outlined in the Seward City Code, and any increase in pay or annual leave accrual must be by an amendment to the employment agreement; and WHEREAS, per a satisfactory evaluation, the City Council agrees to give the equivalent of a merit increase to Lewis' salary by 2.5 percent effective the first pay period of January 1, 2008; and WHEREAS, per a satisfactory evaluation, the City Council agrees to increase Lewis'. annual leave accrual rate to comply with Seward city code 3.45.015(a), which states city employees' annual leave accrual rate increases from 16 2/3 to 20 hours per month of service after six years of service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Amendment No. 5 to the City Clerk's employment agreement dated May 13, 2002 between the City of Seward and Jean Lewis which increases her annual salary by 2.5% and increases annual leave accrual from 16 2/3 to 20 hours per month for the next calendar year, is hereby approved and attached herein. Section 2. The effective date of the salary increase shall be January 1, 2008. Section 3. The effective date of the annual leave accrual increase shall be May 1, 2008. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24th day of September, 2007. ~~ i . EMPLOYMENT AGREEMENT FOR JEAN LEWIS AMENDMENT,#5 The employment agreement for city clerk services dated May 1 ed asOfol o s:en the City Council of the City of Seward and Jean Lewis, is hereby amend - Amends paragraph 2 of the original employment agreement to read, "Lewis shall be paid at the rate of $56,921.86 per year. This change is effective January 1, 2008. - Amends paragraph 7(e) by increasing the annual leave accrual rate from 16 2/3 to 20 hours per month beginning May 1, 2008. .Except as provided herein, all other terms and conditions of the agreement dated May 13, 2002 and subsequent amendments remain in force and effect. City of Seward, Alaska Vanta Shafer, Mayor Jean Lewis, City Clerk Attest: Johanna Dollerhide, Assistant City Clerk .~ ~ ~~ . Council Agenda Statement Meeting Date: September 24, 2007 From: Jean Lewis, City Clerk Agenda Item: Resolution 2007-087, amending the City Clerk Employment Agreement. BACKGROUND & JUSTIFICATION: Jean Lewis has been employed by the Seward City Council as the City Clerk since May 22, 2002. The city clerk does not participate in standard employee step increases or cost of living allowances (COLA) as outlined in the Seward City Code, and any increase in pay or annual leave accrual must be by an amendment to the employment agreement. The attached resolution reflects a 2.5% increase over the clerk's current salary, which is the equivalent of all city employees who receive a merit increase with an acceptable annual evaluation per the city's rate scale, and an annual leave accrual rate increase from 16 2/3 to 20 hours per month, which also is the equivalent of all city employees who have been employed over six years. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans,- Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Already factored into the FY 2008 budget. Approved by Finance Department RECOMMENDATION: Council approve Resolution 2007-087, amending the employment contract of Jean Lewis to allow for a pay increase of 2.5% and an annual leave accrual rate increase foi• 2008. J ~. Sponsored lby: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH METCO INC. TO REPAIR THE JAPANESE CREEK LEVEE AT A COST NOT TO EXCEED $100,451, WITH FINANCING FROM THE 2008 DESIGNATED LEGISLATIVE GRANT FROM THE STATE OF ALASKA WHEREAS, a request for bids to repair the Japanese Creek Levee was properly advertised including, an Invitation to Bid on 8/26/07 in the Anchorage Daily News and an Invitation to Bid on 8/30/07 in the Seward Phoenix Log; and WHEREAS, nine bid packets were obtained by contractors interested in the project; and WHEREAS, there were a total of three bids submitted and publicly opened on September 18, 2007; and WHEREAS, the three bids were evaluated through a four (4) section grading criteria (specified in the bid documents) including the fee on September 18, 2007; and WHEREAS, as a result of the evaluation process, Metco Inc. was selected as the most qualified and responsive bidder as required by Seward City Code §§ 6.10.135 and 6.10.340; and WHEREAS, the City is at risk of a serious flood, if the damage sustained during the October 2006 Flood is not repaired; and WHEREAS, funds are available from a legislative appropriation to cover the cost of this project; and WHEREAS, a 30% contingency has been added to the contractor's bid price to cover the cost of any unforeseen problems which may arise during construction and to re-key existing problem rip-rap from Ash Street south to the beginning of the levee; and WHEREAS, the engineering and permitting have been completed for this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is authorized to enter into a contract with Metco Inc. to repair the Japanese Creek Levee, at a cost not to exceed $100,451 with financing from the 2008 Designated Legislative Grant from the State of Alaska. -~ -. 4'~ \.. ~ CITY OF SEWARD, ALASKA RESOLUTION 2007-088 Section 2. Funding in the amount of $100,451 is hereby appropriated from the 2008 Designated Legislative Grant account no. 666-6662-4680-0200, to the Levee Repair project account no. 666-6662-5390. Section 3. The total project cost includes the cost for prevailing wage rates that are required for all municipal funded projects in the State of Alaska mandated by the Little Davis Bacon Act for public construction projects $2,000 or more in value. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24th day of September, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis City Clerk (City Seal) Agenda Statement Meeting Date: September 24, 2007 To: Mayor and Council Members ~~8/7 Through: City Manager Phillip Oates ~// ~d7 From: Project Manager Tom Shepard Agenda Item: Authorizing the City Manager ee atta cost not t exceed $ OOt451~with repair the Japanese Creek Le financing from the 2008 Designated Legislative Grant from the State of Alaska BACKGROUND & JUSTIFICATION: As a result of the October 2006 Seward Flood the Japanese Creek Levee was damaged in three locations from Ash Street north to Dimond Blvd. A request for bids to repair the Japanese Creek News and an Inv tation tto Bid on 8/30/07 in the Invitation to Bid on 8/26/07 in the Anchorage Daily Seward Phoenix Log. Invitations to Bid were also posted at City Hall, the Harbormaster's Office and at the Post Office. In res onse to the City's Invitation to Bid, nine bid packets were obtained by cons ~et~ of City Staff P the project. There were a total of three bids submitted that were evaluate y through a four (4) section grading criteria. Metco Inc. received a total of 83 points, King of Diamonds Excavating received a total of 79 points and Twmma atain and operate busine s estwathin 71 points. In accordance with City Code, local bidders who the boundaries of the Seward electrical utility serv deducted from the B Amount of oval b dder for The lesser of $5000 or 5% of the Bid Amount was the evaluation. As a result of the evaluation process, Metco Inc. was selected as the most qualified and responsive bidder as required by Seward City Code §§ 6.10.135 and 6.10.340. CONSISTENCY CHECKLIST: Where applicable, this agenda statement is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. Other: FISCAL NOTE: Funds have been appropriated to cover the cost ofthis project andoblems which may ariseaduring the contractors bid price to cover the cost of any unforeseen p J~ Agenda Statement Resolution 2007- $~ construction. A 2008 Designated Legislative Grant was obtained from the State of Alaska to fund the necessary repairs. Approved by Finance Department: bn~~f'~ RECOMMENDATION• Council approve Resolution 2007-~ authorizing the City Manager to enter into a contract with Metco Inc. to repair the Japanese Creek Levee at a cost not to exceed $100,451, with financing from the 2008 Designated Legislative Grant from the State of Alaska. 35 CITY OF SEWARD, ALASKA J~,PANESE CREEK LEVEE REPAIR CONSTRUCTION CONTRACT This CONTRACT ("Contract"), through its City Manager, and Company Name PROJECT NAME AND NUMBER between the City of Seward, Alaska, herein called the City, acting by and Company Address (Street or PO Box, City, State, Zip) Partnershi Joint Venture ^Sole Proprietorship ^ LLC ^Corporation a/an ^ Individual ^ p ^ ,its successors and assigns, herein called the incorporated under the laws of the State of Contractor, is effective the date of the signature of the City Manager on this document. The Contractor, for and in consideration of the payment or p e mat rialsrand to dofiand perform al the work City, hereby covenants and agrees to furnish and deliver all th and labor required in the construction of the above-referencedhe~einafter defined) are adeta part of this and prices named, together with the Contract Documents (a Contract and accepted as such. It is distinctly understos da fd al~ehere ntprovided for addibe allowed by materials, done or furnished by the Contractor and not p y the City, nor shall the Contractor do any work or furnis ~ no event hall the City be 1 able fo~any m t rials such work or matenals is ordered in writing by the City. furnished or used, or for any work or labor done, unless t su haworksor materials wohi h mayube donee or Contract or on written order furnished by the City. Any furnished by the Contractor without written order firsdt ae1eesgo make no claim foCcompensation for work or and expense and the Contractor hereby covenants an gr materials done or furnished without such written order. Notwithstanding the foregoing, payment under this Contract shall not exceed dollars ($______~ for all base items, additional work, and change orders. The Contractor further covenants and agrees that all materials shall be fu oft edC td, on or befo~d all work and labor shall be done and performed, in every respect, to the satisfaction y or within 30 calendar days following the date of notice to proceed. It is expressly understood and agreed that in case of the failure on the part of the Contracmatenalsanand the do ng and performance of consent of the City, to complete the furnishing and delivery of the work before the aforesaid date, the City shall have the right to deduct from any money due or which may City of Seward Construction Contract Page lof 3 3~ become due the Contractor, or if no money shall be due, the City shall have the right to recover dollars ($ )per day for each calendar day elapsing between the time stipulated for the completion and the actual date of completion in accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of the existence of causes over which the Contractor has no control and which must delay furnishing of materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the period specified for the furnishing of materials or the completion of the work, and in such case the Contractor shall become liable for liquidated damages for delays commencing from the date on which the extended period expires. The bonds given by the Contractor in the sum of $ Payment Bond, and $ Performance Bond, to secure the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a part hereof. The Contractor further covenants and agrees that the entire construction will be done under the administration of and to the complete satisfaction of the City subject to the inspection at all times and approval by any regulatory agency of the Local, State, or Federal Government of the United States of America, and in accordance with the laws of the State of Alaska and the City of Seward. For purposes of this Contract, Contracting Officer means or any other person designated by the City Manager. The Contractor is an independent contractor and not an employee or agent of the City. Contract Documents shall have the meaning ascribed by the General Conditions of the Construction Contract, and include but are not limited to this Contract, the General Conditions of the Construction Contract, the Supplementary Conditions, and the following listed documents: (l~ ; (2) IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and conditions. CONTRACTOR Company Name Signature of Authorized Company Representative Typed Name and Title City of Seward Construction Contract Page 2of 3 3'7 Date CITY OF SEWARD Signature of City Manager Typed Name Date City Clerk (ATTEST) City of Seward Construction Contract ~g Page 3of 3 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, ELECTING TO PARTICIPATE IN THE AML/JIA LOSS CONTROL INCENTIVE PROGRAM FOR THE CITY OF SEWARD WHEREAS, the City of Seward is a member of the Alaska Municipal League Joint Insurance Association (hereinafter "AMLJIA"); and WHEREAS, the AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward; and WHEREAS, the AMLJIA developed the Loss Control Incentive Program to help reduce member losses individually and pool wide; and WHEREAS, the AMLJIA will provide all written program material necessary, and offer assistance to participants; and WHEREAS, pool members that participate in the Loss Control Incentive Program and complete the required activities, will have the opportunity to earn a discount on their contribution; and WHEREAS, it is the City of Seward's policy to provide a safe environment for its elected officials, employees, citizens, and the visiting public; and WHEREAS, the Loss Control Incentive Program will enhance such an environment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA Section 1. The Seward City Council elects to participate in the AML/JIA Loss Control Program for the 2007-2008 policy year. Section 2. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 24`~ day of September, 2007. .. 33 Council Agenda Statement Meeting Date: September 24, 2007 To: Phillip Oates, City Manager.'~'~ From: Kirsten Vesel, Assistant City Manager Partici atin in the AMLJIA Loss Control Agenda Item: p g Incentive Program BACKGROUND & JUSTIFICATION: a Joint Insurance Association The City of Seward is a member of the Alaska Municipal Leagu (AMLJIA). AMLJIA provides comprehensive risk management assistance and provides workers' compensation, liability and property coverage for the City of Seward. AMLJIA developed the Loss Control Incentive Program to help reduce member losses indivice t anarticipantse P°~ol Lm~b rs provide all written program material necessary and offer ass p that participate in the Loss Control Incentive Program an ~ om Pow contribution. In 2006 and12 07, the opportunity to earn a discount of up to Frye Percent (5 ) the City participated in the Loss Control Program and wwe would like to continue th 00 efforts to dedicated to enhancing our safety program. In 2008, enhance our safety program. It is the City of Seward's policy to provide a safe environme ss Con of Incentive Prosgratn the City citizens, and the visiting public. In order to qualify for this Lo must do the following: 1. Provide tracking logs to document all safety activities. 2. Pass a resolution annually electing to participate in this program. 3. Provide reports and inspe ommittee to inc ude agendas, notes specific topics and minutes. 4. Engage an active Safety C 5. Provide model safety plans and training. The City has been actively engaged to complete the above requirement to continue to qualify for this Program. INTENT: To pass a resolution to participate in the AMLJIA Loss Control Incentive Program for 2007-200 . CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Sew ed of Procedures~er, Comprehensive Plans, Land Use Plans, Strategic Plan and Crty Council Ru FISCAL NOTE: There is no financial cost for this program. Approved by Finance Department: ~~~~ ^ ~ ~~'`-~'"~~ ~t ~' RECOMMENDATION: Council approves Resolution 2007- g~ and authorizing the City Manager to participate in the AMLJIA Loss Control Incentive Program. ~1 Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION N0.2007-090 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SECOND EXTENSION OF THE AGREEMENT WITH TRYCK NYMAN HAYES, INC. TO PROVIDE ENGINEERING AND DESIGN SERVICES FOR THE I & T DOCKS AND THE TRAVEL LIFTBULKHEAD IN THE SMALL BOAT HARBOR FOR AN AMOUNT NOT TO EXCEED $52,000 WHEREAS, in a final report dated December 22, 2005, Tryck Nyman Hayes, Inc. provided the City of Seward the results of its inspection and recommendations for renovating the I & T docks and the travel lift/bulkhead in the Small Boat Harbor; and WHEREAS, a Request for Proposals dated April 8, 2006 sought engineering and design proposals for the I & T docks and travel lift/bulkhead; and WHEREAS, in June 2006 Tryck Nyman Hayes, Inc. ("TNH")was selected as a result of a review of the proposals received by the City and the parties entered into a contract for an amount of $124,196.00; and WHEREAS, the original proj ect capital budget was $2 million but the City later obtained an .additional $2.2 million for a total budget of $4.2 million for improvements to the I&T docks and the travel lift/bulkhead; and WHEREAS, in February 2007 the City and TNH approved an amendment to the contract with TNH to provide the additional services needed for the expanded scope of the project, along with design, engineering, permitting and construction administration for the project, at an additional cost of not to exceed $88,890.00; and WHEREAS, significant additional unforeseen work was needed, primarily to address environmental and permitting requirements, as well as the City's desire to take advantage of the timing of this project in order to upgrade water and other critical utility infrastructure; and WHEREAS, TNH has requested an amendment to include the additional services for an amount of $52,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: CITY OF SEWARD, ALASKA RESOLiTTION 2007-090 Section 1. The City Manager is authorized to enter into a second amendment to the agreement for providing engineering and design services for renovations of the I and T docks and the travel lift/bulkhead facility with Tryck Nyman Hayes, Inc. of Anchorage, Alaska for an amount not to exceed $52,000.00, in accordance with the proposal submitted by TNH and presented at this meeting. Section 2. Funding for these services is appropriated as follows: $12,000 from the Water Enterprise Fund reserves account no. 701-0000-3070-0315 for the upgrade of water utility infrastructure, and $40,000 from the Small Boat Harbor Repair and Renovation Capital Project account no. 315-3150-4680-0200, for a total appropriation of $52,000 to the contracted services account no.315-3150-5390 Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of September, 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC, City Clerk (City Seal) a~ Council Agenda Statement Meeting Date: September 24, 2007 Through: Phillip Oates, City Manager~~~ From: Scott A. Ransom, Hazbormaster Agenda Item: Authorizing the City Manager to Negotiate and Execute, on Behalf of the City of Sewazd, a Second Amendment to the Agreement with Tryck Nyman Hayes, Inc. to .Provide Engineering Services for the I & T Docks and the Travel Lift/Bulkhead in the Small Boat Hazbor. BACKGROUND & JUSTIFICATION: In June 2006, the City entered into an agreement with Tryck Nyman Hayes, Inc. ("TNH") to provide engineering services for the I & T docs and the travellift/bulkhead in the Small Boat Hazbor. The agreement was the result of a Request for Proposals and evaluation of each of the proposals received by the City. TNH's proposal ranked highest with 95.67 points out of a total of 100. Other proposals scored 66.00 and 69.33. The City first obtained grants in the amount of $2 million, but later obtained an additional $2.2 million for a project total of $4.2 million. To fully utilize the grant funds and expand the project accordingly, the design, engineering, permitting, and project management scope of work required modification. In February 2007, the City Council approved an amendment to the contract with TNH to provide additional services, including additional design and permitting work, at a cost of not-to- exceed $88,890.00. Environmental work at the site and extensive permitting requirements, among other things, have increased the design, permitting and prof ect management tasks. TNH requests a second amendment to the contract to perform the additional environmental and permitting, design of upland utilities, design of erosion protection for the azea adjacent to the hotel sheet pile bulkhead, and related project management services. The additional services would beprovided at acost ofnot-to-exceed $52,000. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. FISCAL NOTE: . Approved by Finance Department RECOMMENDATION: Council approve Resolution 2007-~ authorizing the City Manager to negotiate and enter into a second amendment to the contract with Tryck Nyman Hayes, Inc. for engineering and design services for the I & T docks and the travellifilbulkhead. 44 911 West Eighth Avenue Anchorage, Alaska ~*` - ' t ~~ 907.279.0543 s~6 -„ r ~,.~-. Fax: 907.276.7679 TRYGK NYMAN IHAYES, ING. _ Emaii: JohnD~tnh-inc.com September 17, 2007 Mr. Scott Ransom, Harbormaster City of Seward PO Box 167 Sewazd, AK 99664 Re: North Harbor Travelift Dock, I and T Dock Request for Fee Extension Deaz Scott: Please consider this letter a request for additional funds to be authorized for the. design, permitting, and project management of the above referenced project. We are writing to request an extension of $52,254 to our authorized budget for the project. Project History To date we have completed a design study, a preliminary and final design, have contracted for the procurement of the coated steel piling which has amved on site, have completed a substantial amount of permitting and environmental work, have completed additional design work for upland utility and erosion protection, have begun the bidding process for the construction project and other items. Below is a status summary of the currently active tasks: Task Budget Expended to Date Status Permitting $ 7,500 $18,754 Underway and continuing Environmental sampling plan $23,042 $12,670 Remaining budget for monitoring Design phase services $110,550 $154,201 Complete Bid and Construction Services $41,548 $10,675 Construction project under bid As can be seen from this summary we have exceeded our budget on the permitting and design tasks. Additional Fund Request The justification for requesting additional funds includes: • Significant additional work and extended schedule for environmental work and permitting. • Additional design of upland utilities improvements. • Design of erosion protection for area adjacent to hotel sheet pile bulkhead. • Additional project management due to extended. schedule. Each of these items will be further discussed below. Fnninoorinn ~nn~auinn ~ anr4erano ~mhitorFnro "2 ~_/ Mr. Scott Ransom September 17, 2007 Page 2 Environmental and Pemuttina: Contaminated materials were uncovered in the azea slated for dredging. This required additional environmental work. Additional funds were authorized for some of this work in February 2006. However, the permit process is still ongoing and significant additional time has been required. This includes additional meetings and correspondence with the permit agencies, and providing additional drawings and quantities. Substantial additional work was also required in completing. the Coastal Consistency Questionnaire. The permitting process is still not over and we have yet to complete the ADEC potable water permit. We request an additional $14,254 for this task. This includes the $11,254 overage described above and an additional $3,000 to cover on going work including the required ADEC potable water permit, yet to be completed. Additional Design Items: As outlined above we have exceeded out design budget by $43,651. Below we outline a few of the additional tasks and out of scope work and advance a request fora $38,000 reimbursement out of the $43,651 overage. • Additional Design of Upland Utilities The original scope of work included potable water on the dock but not in the uplands. During review of the plans the City Public Works Department asked that we include renovation and replacement of the older underground water system components adjacent to the dock in the uplands. We were directed to complete this work and to add it into the bid documents as an additive alternative. We request an additional $12,000 for this task. • Design of Erosion Protection for Area Adjacent to the Hotel Sheet Pile Bulkhead During the permit process a local business owner brought forward concerns over erosion of the slopes neaz her establishment. She indicated that this erosion has been accelerating since the new hotel bulkhead was built and expressed concems over the effect that the Travelift bulkhead might have on this situation. Written comments were advanced to both the City and to the Corps of Engineers in the permit process. The City directed us to design erosion protection measures and to include these in the bid documents as an additive alternative. We request an additional $12,000 for this task. • Additional Project Management due to Extended Schedule The original schedule called for final plans and specification to be completed in the fall of 2006. The environmental and permitting process has resulted in a delay of over one yeaz. In the interim the project has been active and requires continual attention. Some of the additional and extended tasks include continuing correspondence with the City and project team, additional meetings, additional site visits, additional billing reviews, numerous schedule revisions, and other items. These additional items have been collected under the design task in out accounting system. We request an additional $14,000 for this task. FflAirIPPrIrIA ~i~n,a,,;F,~.~~j ~ I anricr•ano r~rrhitorii~ra Mr. Scott Ransom September 17, 2007 Page 3 Summary Task Environmental and Permitting Request $14,254 Additional Design • Additional Design of Upland Utilities $12,000 • Design of Erosion Protection $12,000 • Additional Project Management due to Extended Schedule $14,000 Total $52,254 Note that, including the requested adjustment, the total engineering fee is still less than 7% of the estimated constructed value of the project. This includes permitting, geotechnical field work, survey, and engineering. National averages are fees of 6% to 7% of the constructed value for engineering design only (not including permitting and fieldwork). At this time the project is progressing well and we look forward to awazding a construction contract. We are available to meet with you or other members of the City to discuss any questions or concerns that may arise regarding this request. Please contact me with any questions or comments. Sincerely, TRYCK LAYMAN HAYES, INC. John C Daley, PE Project Engineer Fnninaarinn ~nniavinn~ r ~ anr~crano Amhitartnra Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AMENDING THE ELECTRIC ENTERPRISE FUND 2007 OPERATING BUDGET TO INCLUDE TWO POSITIONS FOR OPERATOR/MECHANICS WHEREAS, The City of Seward and the IBEW have negotiated and agreed upon a new contract governing. the wages and working conditions for electrical linemen and operator/mechanics employed by the City; and WHEREAS, The Council finds it is in the best interest of the City to amend the Electric Enterprise Fund 2007 Operating budget to reflect two operator/mechanic positions, as included in the 2007-2010 IBEW contract and to proceed with filling both positions as soon as possible; and WHEREAS, the funding is available within the current, budget for the modifications. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. The Electric Enterprise is hereby authorized to add two new positions with the job title of Operator/Mechanic, and to include funding for these positions in future budgets. Section 2. This resolution shall take effect immediately. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 24th day of September, 2007. 48 Council Agenda Statement Meeting Date: September 24, 2007 Through: Phillip Oates, City Manager~d From: Tim Barnum, Electric Utility Manager Agenda Item: Amend the Electric Enterprise Fund 2007 Operating Budget BACKGROUND & JUSTIFICATION: On September 10, 2007, the City Council approved a new three yeaz contract with IBEW. The contract allowed for two operator/mechanic positions and work that they could perform. The ideal behind the addition of these positions is to increase the number of personnel available to operate the generators and work with the line crew, in place of a NECA operator or lineman that have a much higher pay rate. The 2007 Electric Enterprise Fund budget has positions approved that we have not been able to fill, for various reasons. By eliminating one regulaz lineman position and one part-time senior diesel mechanic position and the expenses paid to the city shop for mechanical repairs to the generators and equipment, this will be an overall cost savings to the Electric Enterprise Fund and will reduce the work load of the mechanics at the city shop. This change will also place the responsibility for the maintenance of the generators, where it belongs, with the department that is responsible to operate them. This change will also allow the city shop to better schedule their work since, the shop foreman and the part-time diesel mechanic will not have to drop his duties at the shop to go work on the generators. This change will also reduce our dependence on NECA personnel which will be a huge cost savings to the City. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Sewazd City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan. FISCAL NOTE: Funding for these positions will be included in the 2008 Operating Budget, and is available in the 2007 Budget without further appropriation. Approved by Finance RECOMMENDATION: City Council approve Resolution 2007-~ ~ amending the Electric Enterprise Fund 2007 Operating budget. Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DENYING A REQUEST BY BRAD SNOWDEN TO PURCHASE TRACT Hl FOURTH OF JULY CREEK SUBDIVISION, ROBERTS REPEAT, TO PRESERVE ACCESS TO CITY-OWNED TIDELANDS WHEREAS, Brad Snowden has applied to purchase a portion [approximately five (5) acres] of Tract H1, Fourth of July Creek Subdivision, Roberts Replat for future development and his residence; and WHEREAS, Tract H1 is located in the Resource Management Zoning District which allows for residential and commercial uses; and WHEREAS, Tract H1 is not specifically mentioned in the Municipal Lands Management Plan (1995), which is the primary document for determining status for disposal of City owned lands; and WHEREAS, the Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management; and WHEREAS, the Planning and Zoning Commission held a public hearing on May 15, 2007 and approved Resolution 2007-10, recommending City Council dispose of a portion of Tract H1 and the Commission found the Request for Proposal (RFP) process was in the best interest of the City and recommended that the RFP process be followed; and WHEREAS, increased development in this area will require additional public infrastructure; and WHEREAS, tract H1 Fourth of July Creek Subdivision, Roberts Replat, provides access to the tidelands and beach; and WHEREAS, the loss of public access to the tidelands and beach will limit the City's ability to use or develop this property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: ~0 CITY OF SEWARD, ALASKA RESOLUTION 2007-092 Section 1. The request to sell an approximate five (5) acre portion of Tract Hl, Fourth of July Creek Subdivision Roberts Replat, is denied. It is in the best interest of the public to preserve access to City-owned tidelands at this time. Section 2. This resolution shall take effect ten (10) days following its adoption. ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, THIS 24th DAY OF September 2007. THE CITY OF SEWARD, ALASKA Vanta Shafer, Mayor AYES: NOES: ABSENT: ABSTAIN: ATTEST: Jean Lewis, CMC City Clerk (City Seal) 5 ~. Council Agenda Statement Meeting Date: September 24, 2007 , Through: Phillip Oates, City Manager~~ Agenda Item: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, DENYING A REQUEST BY BRAD SNOWDEN TO PURCHASE TRACT Hl FOURTH OF JULY CREEK SUBDIVISION, ROBERTS REPEAT, TO PRESERVE ACCESS TO CITY-OWNED TIDELANDS BACKGROUND & JUSTIFICATION: The City has received a proposal from Brad Snowden to purchase approximately five (5) acres of Tract H1, Fourth of July Creek Subdivision, Roberts Replat. Tract H1 is a 9.4 acre parcel located on the east side of Resurrection Bay. Tract H1 has frontage along Nash Road on the east and beach frontage on the West sides of the parcel. There is an old cat trail traversing through the parcel and into a gully at the South portion of the property. The gully has a history of being inundated during flood events. There is a high bluff along the West side of the property above Resurrection Bay. Tract Hl is in the Resource Management zoning district. The applicant has requested to purchase approximately five (5) acres of the Northern portion of Tract H1 for future development. and a single family home. The Planning and Zoning Commission approved Resolution 2007-10, recommending disposal of a portion of Tract H1, Fourth of July Creek Subdivision, Roberts Replat, at the May 15, 2007 meeting; however they voiced concern for the lack of a development plan of the Nash Road Bench area. The staff review has focused on infrastructure concerns and access to the tidelands and beach in this area. The Fire, Electric and Public Works Departments have expressed concerns regarding the lack of public infrastructure to support current development of properties along Nash Road. Specific concerns voiced by the Fire and Police Departments were line of site issues for driveway access to Nash Road and general snow removal. Public Works voiced concerns with the lack of public services, including water, sewer and electric. The Electric Department voiced strong concerns with allowing development without subdivision agreements being in place. Increased development in this area will require additional public infrastructure. CONSISTENCY CHECKLIST: Where applicable, this resolution is consistent with the Seward City Code, Charter, Comprehensive Plans, Land Use Plans, Strategic Plan and City Council Rules of Procedures. The Municipal Lands Management Plan (1995) recommends the Nash Road Bench areas be retained and evaluated for future uses as industrial, commercial, residential and/or resource management. ~~ FISCAL NOTE: Approved by Finance Department: e.~ J~~.t-~,,~.Pit~ RECOMMENDATION: Council approve Resolution 2007-qZ, denying a request to sell an approximate five (5) acre portion of Tract H1, Fourth of July Creek Subdivision Roberts Replat and determining it in the best interest of the public to preserve access to City-owned tidelands at this -time. ~3 August 27, 2007 meeting minutes. . Under Citizen's Comments by Steve Schafer, changed the word "bridge" to "road" and ~~~ighted~ a few more clarifying additions. 1 ~~ /~/~~ J an Le Date • 5~ City of Seward, Alaska City Council Minutes August 27 2007 Volume 37, Page CALL TO ORDER The August 27, 2007 regular meeting of the Seward City Council was called to order at 7:30 p.m. by Mayor Vanta Shafer. OPENING CEREMONY Police Chief Tom Clemons led the pledge of allegiance to the flag. ROLL CALL TL _~_ __..._... «........«4. 'EMS SCHEDULED and Consent Agenda ed. Election workers; Jean Cripps, Betty Casey, Rose McSwain and Mary Williamson, and canvass workers; Kim Reierson, Lori Draper, Jackie Campbell and Debbie Bond were approved for the October 2, 2007 municipal election. • r-~ ~.~ Non-code Ordinance 2007-005, Authorizing An Exception To SCC 3.65.020 To Permit Retroactive Application To July 1, 2007 Of Provisions In A Collective Bargaining Agreement As And If Approved By Separate Resolution Of The City Council, was introduced and set for public hearing on September 10, 2007. J City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page Ordinance 2007-006, establishing Section 15.15.025, Historic Preservation, Seward Historic Plant & Tree Register, was introduced and set for public hearing on September 10, 2007. Resolution 2007-083, approving the expenditure of $16,883 from the 2007 street department operating budget for additional costs associated with paving of various sections of city streets authorized in Resolution 2007-044. Resolution 2007-084, authorizing the city manager to spend an amount upto $28,750.00 for the repairs to the 1997 436C Caterpillar Backhoe to NC Machinery. ~. d~c ~.: SPECIAL ORDERS, PRESENTATIONS AND REPORTS ~~'~'' ~~r. Proclamations and Awards ~-~~~ ~~: The Resurrection Bay Lions Club Present -even ~~ED's To The eward Police ~£ . Department. ~. A Proclamation Was Read For Founder's Day Au t 28. ``~ . ;~` ~ },.'` Jenny Kaiser Was Awarded A e ertification. ~`~ ~~ _ ... A Plaque Of Appreciation Was Pr Leadership And Dedicated Service School Board two-way communicati size. A $30 activity be addressed agai ' week but st - ~~ support. She said sub anyone e~-ested in s ~~, Eleme fare r.~eeived a significant impi~ October 1, 2007 In ~ Hohl For Over Seven Years Of Planning & Zoning Commission. R Lyni~Iohl sta a School Board had passed goals to increase on' site counc~~s, and to a `ate the delivery of education relative to school ~ss ©~` , er f , ~taxaf~ ~ benefit smaller schools, failed to pass and would the fal . 1 remarked that the special education task force ended this past ~ttees t ~ ~coul propose education legislation were enacted and she urged sti teachr~, re needed and that salaries had been raised. Training for n,.• ubstitufe tea ~ing would occur in September. Both Moose Pass and Seward perfornance incentive award by the State for schools whose students showed ant fru the year before. Hohl stated the School Board would have their Hohl said bus drivers were needed in Seward and when drivers came from other areas, bus trips became expensive. Declining enrollment was the reason for the reduction in programs and teachers. City Manager's Report. City Manager Phillip Oates thanked the volunteers for a Great Silver Salmon Derby. He noted a task force would be assembled from the community to identify areas of the budget process. • • ~ ~i City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page Oates stated the city was soliciting volunteers for both the fire department and the volunteer ambulance corps., along with membership on various boards and commissions. City staff, the Chamber and PACAB would be hosting an economic forum at the High School on September 19, 2007. He thought they would break into work groups to look at development for new businesses, how to help existing businesses, and look at government. ^ The Japanese Creek Levee Repair invitation for bid was advertised for requesting temporary work to repair the levee. He would go further into detail on why later in this agenda. An annual floodplain outreach notice had been d that addressed flood insurance and emergency contact information. ^ The Alaska Railroad Coal Task Force would be shipments scheduled for October, November, and tations Resolution 2007-08 '_ thorizing The City Manager To Pursue Funding For Two Electric Generators And Associated Components And Design/Build .Proposals For Fort Raymond Generator Building And A Warehouse With Office Space. Oates stated the results from an extensive work session were to purchase two used generators, controls, housing building and office space for a total of $8 million dollars. He recommended two phases. Phase I would pursue funding to purchase two refurbished generators and a building to house them for $6.5 million. Phase II would build a separate warehouse with office space for $1.5 million on the Fort Raymond site selected with Resolution 2006-37. with coal ^ Long Term Care Facility platting and zoni ates`vith Planning & g and the Borough would be running from Septe 4, 20 through Octo 6, 2007. ^ The Oak Street extension would not go out this fall. The school district route would be utilized in the meantime. ^ Phase II of the harbor ex " 'on was complete. restrooms were open, fresh water and power were in fo a ew pum out station at the end of Q float was operational with tokens di ~bute o .harbor office. °~ ~ failure c d severe fluctuations of power in some of the hic ook 40 ups for the line crew to fix the problem. • • ~~ City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page Oates stated if the public works shop was combined, the city would have to purchase property outside the Seward area big enough for a combined site, significant rate increases would be needed for electric, water and sewer, and the price of building materials was increasing daily while a site selection process went on. Although this did not offer a solution for the public works shop, and there would be a minor loss of savings and efficiency by not combining the shops, Oates stated it was time to address the generator problem now. He stressed the advantages to purchasing the generators, warehouse and office space were: no rates would be increased, they could bond the project, total cost to build would only increase with time, it met all immediate and foreseeable needs, could be used for an EOC or backup location, saved office lease costs, solved equip ffice and storage needs by combining all electric materials stored in three different locati , w expandable, and allowed for automation of the control system that was badly needed. Oates expressed the Public Works property on 6~' A` million dollars and would continue to explore the possibility Alaska for the future. Motion (Thomas/Schafer) In response to questions, Utility Manager Tim Barni!{ switches but he did not think it was advantageous and warned t; Barnum stated the cost estimates were as a they could get cost estimate figures came from a Delta unc fr m I to be a bit on the high side. Over $2 million s bui Mayor Shafer because of the need f Motion. Pull the wor Road Bench 2007-085 around $1 ~ State of t the city could use Chugach' be a cost to oversee this. going into design. He stated and Larue, and were thought necessary for overruns. no alternative but to start improvement now Unanimous ibrary/Museum and schedule a work session to discuss theNash eludes SMIC, for Monday, September 24, 2007 at 6:00 p.m. The City Manage pdated the council on non-compliance of previously passed Resolution 2007-079 by the property owner which addressed levee repairs and subdivision agreements in the vicinity of Japanese Creek, and his intent to put the repairs to bid and bill the owner for half the cost of those repairs. Council member Schafer had a conflict and left the dais and sat in the audience. Oates referred to the two letters submitted by Afognak Construction which declined paying for a portion of the levee repairs, and stated the city was forced in a position to put a bid out to repair • ~g City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page the levee with opening on September 18, 2007. Since Afognak was declining in the sharing of repairs, the city would bill the property owner for reimbursement. Oates stated the bridge and culvert were still not removed and needed to be before flood season. He also noted the Schafer's would not elevate to base flood elevation (BFE). Oates reminded that the only reason this was platted before a subdivision agreement was in place was because of the original plan to locate the Long Term Care Facility on the property. Oates further stressed the problem was the letter from Afognak was eliminating the city's ability to manage the risk of the levee. FEMA had determined the city would a eligible for any federal dollars for building on the alluvial fan. He was told by Nelson &„~:~soci es that the levee design was curved because it was the only easement they could get from tie property owner at the time. Oates would not enter into a subdivision agreement until all e provisions were met. In response to questions, Oates stated the BFE could have to be managed. If there were houses built, that woul a ~ Charter of the Flood Service Board specifically kept the om p agreements in. ~ Mayor Shafer was concerned about the bed load rem water flowed with the levee, and now had responsibility, she di have to take responsibility for a portion meek that the city Oates stated the City should not be a d to stated FEMA recommended the land be used o~ Bardarson and and would not go awa Oates ex~ not mangy Borough q risk. thought t help Administration periodically. ed, but oa ' g would :paradigm. es said the where the akeady had When the city changed the way t the community should of own. ht choice in fear of a lawsuit. He than homes. bed 1 i~ needed to be addressed now. It was eternal unham about the road not being where the city had granted it, in t reel~bed had ever been permitted by the city, thus the city could state help was a pipe dream. They had no legal obligation and the situation either. forward with Resolution 2007-079 and update the council INFORMATIONAL ITEMS AND REPORTS (No action required Providence Seward Medical Center July Financial Report. City of Seward July Financial Report. • • 59 City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page COUNCIL COMMENTS Amberg thanked the Resurrection Bay Lions for their generous donation of the AED's, and would welcome the school board in October. She noted all the yards in the community looked great. Bardarson thanked Sam Daniel for cleaning up the highway and encouraged citizens to participate and volunteer. Schafer thanked the Resurrection Bay Conservation Alliance for tl~eti-r proof garbage cans. He recently found out first hand that they worked when a bear worked ©n his can for 45 minutes to no avail. ,,~- ~= Dunham thanked the Chamber for a great Salmon Derb d the Resurrection Bay Lions Club for the AED's in every police car. He thought with bu 1 ~s coming u could be established for improvements and growth to the city comp system, possibly cont - ~g services and out sourcing, and changing the three hour parking - . unh wanted to start::. alks about the new property around the south harbor area and to th launch ramp fish cleaning station. Oates iterated that they were applyi g for navigational se'tude `~y the Corps. of Engineers and then would get guidance to bring b t council. s'`" Mayor Shafer stated volunteerism c uld b arding and encouraged people to consider volunteering. CITIZENS' COMME ~~`' Steve Schafer spo it 1 t~r~`~ lib refused to do a BFE where none was required by zoning. He stated .Nelson esigned the levee straight at first, but it was the building manager of the city th t ~~~ ~ ed b ~ .Cline said the dike did Y ` not fail, it ~ damaged a ~ but w ' `s a ~ e~ a . , He tho he city needed t ' fix ' evee and was kicking the little guy. The road was across the t, ,. creek lsefor _ e levee was thought of. He stated the city took over floodplain management after that. Sc aer said th .-levee easement stated the city would put a ~-o~`~ oven the levee c~iafer s ~,;ai~p rta ~u~~ cress: ,y Q .. ', for the purpose of ~, Sch to access the property. He felt it was'{he city's levee, and they should fix it. The city changed the design and ~t~:. <_ made it curved. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZENS' COMMENTS -None. • E~ City of Seward, Alaska City Council Minutes August 27, 2007 Volume 37, Page • ADJOURNMENT The meeting was adjourned at 9:12 p.m. Jean Lewis City Clerk (C1ty Beall Vanta Shafer Mayor • V~ City of Se~wa>rd P.O. Box 167 Seward, Alaska 99664-0167 Main Office (907) 224-4050 Facsimile (907) 224-4038 September 24, 2007 State of Alaska Department of Transportation Alaska Marine Highway System 3132 Channel Drive, P.O. Box 112500 Juneau, AK 99811-2500 .a~ ,,~ ~ ~':, Dear Marine Transportation Advisory.Board Members, x~ ~ ~' s;~: `y As you are aware, Seward has been advocating fora lI z ~resump the MN Tustemena since the decision was madeao relocate our city of Seward, Alaska 19b3 1965 2005 All•America City service from We still contend that the economic loss to the con ~' rs ~iid ~mmercial Viers who must now truck their freight to Homer instead of Seward, le having to pay overtime costs for extra travel time, is significant. zth our commun ~~i~eing such a draw for tourists each summer, coupled with our abilrt} fob rail and road cap~elities to Anchorage. and the interior, there should be an opportunity:... to' h~I,p~, romote m~ririe travel from our area, while increasing ridership and revenue fb~ the, ~1"" ihti~~ay System. By increasing this commerce, it appears hawing the Tustetn~~u€~make iimmal 30 mile roundtrip trek into Seward would nit oii~~r.he commercial users, b would offset any deficit to the Alaska Marine Higl~wa~ S~~ste~ additionalel and mooring costs. We request an opportunity{; ~ ~p ` e Bow at your October meeting, or re-examine the issue hy.~iscuss~zib h~oirtotaj~nal and n~keting strategies, in addition to opportunities that can haee a greater ;flencf~~tiz;,our community as well as other Alaskan communities and~li'e Marine Highway S Osten%`"~~'°~ ; "_., ;~~~,. '~~~~;.: We believe. Seward can be a~i asset for the Alaska Marine Highway System, and would appreciate thc.•ogportumty tci brainstorm ideas while advocating for a solution that would be sustainable for t~G futu of marine highway travel, Thank you for your ~ansideration and we look forward to addressing your board. Sincerely, Mayor Vanta Shafer City of Seward, Alaska Cc: Clay Koplin Senator Gary Stevens Representative Paul Seaton ~~ Sponsored by: Oates CITY OF SEWARD, ALASKA RESOLUTION 2007-079 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO TAKE SPECIFIC ACTIONS TO REMOVE EXISTING STRUCTURES IN JAPP (JAPANESE) CREEK; ACCOMPLISH REPAIR OF THE DAMAGE TO THE JAPANESE CREEK LEVEE; SEEK TO MANAGE BED LOADING IN JAPANESE CREEK; MIIYIMIZE THE POTENTIAL FOR FLOOD DAMAGE IN THE FOREST ACRES AFOGNAK SUBDIVISION ADDITION AND OTHER AREAS THAT ARE NOW UNDEVELOPED; AND, DEVELOP A PLAN AND BUDGET FOR BED- LOAD REMOVAL IN JAPANESE CREEK THAT WILL PROVIDE A MODEL FOR FUTURE FLOOD PLAIN MANAGEMENT WHEREAS, Japp Creek (also known as Japanese Creek} has experienced major flooding events in 1986 and 1995; and WHERAS, The Forest Acres Afognak Subdivision Addition is designated as Zone C (no requirement for federal flood insurance) in the 1981 Flood Insurance Rate Map (FIRM} but the designation is under review, and expected to change, as a result of major flooding in the Japanese Creek area in 1986, 1995, and 2006; and WHEREAS, Japanese Creek has been determined anon-navigable waterway by the State of Alaska; and WHEREAS, the proper maintenance of stream bed-loading in Japanese Creek, by the City of Seward, requires the cooperation of a private property owner; and WHEREAS, in response to the flooding events, the City of Seward obtained federal funding from the U.S. Department of Agriculture through the National Resource Conservation Service (MRCS) in 1999 to build the Japanese Creek levee extension; and WHEREAS, on November 22, 2000 a grantor and private landowner conveyed to the City of Seward a levee easement, containing certain terms and conditions far construction of the Japanese Creek levee extension; and WHEREAS, the easement grantor/private landowner has the right to also use the land provided such use shall not in any way interfere with the purpose for which the easements have been granted or compromise the integrity of the levee; and WHEREAS, the easement grantor/private landowner built a road, bridge and culvert in the Japanese Creek floodway without a permit from the City of Seward; and WHEREAS, during the 2006 major flooding event the levee sustained damage in three sections of the levee; and ~~ CITY OF SEWARD, ALASKA RESOLUTION 2007-079 WHEREAS, the City of Seward received a letter dated December 8, 2006 from the State of Alaska Department of Commerce Floodplain Management Program Coordinator identifying serious floodplain management concerns about the unregulated development in Japanese Creek that included the access road, culvert and bridge extending across and blocking the floodplain; and WHEREAS, two separate engineering assessments (William J. Nelson & Associates in November 2006 and Shannon & Wilson, Inc. in June 200?) indicated that primary contributing causes for the damage to the Japanese Creek Levee were the road, culvert, and bridge extending across the floodplain; and WHEREAS, William J. Nelson & Associates found that floodwater being temporarily slowed down upstream of the road and bridge was to allow deposition of a lazge volume of rock and gravel sediment in the bypass channel, thereby decreasing the capacity of the channel and reducing levee freeboard; and WHEREAS, the City of Sewazd has been requested by a developer to enter into a subdivision agreement for the Forest Acres Afognak Addition that is adjacent to Japanese Creek; and WHEREAS, SCC 15.25.050.4.(a) directs that all subdivision proposals shall be consistent with the need to minimize flood damage; and WHEREAS, SCC 15.25.050.4.(d). directs that where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals which contain fifty lots or five acres, or greater; and WHEREAS, an accurate Base Flood Elevation (BFE) in an alluvial fan streambed requires bed loading removal and maintenance to a consistent level; and WHEREAS, the National Flood Insurance Program rules do not permit development in the floodway that increases. flood levels; and WHEREAS, the City of Seward faces the loss of federal disaster assistance funds if federal or state guidelines for floodplain management are not followed (44 CFR, Ch. 1, ]0-1-90 Edition, FEMA). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Authorize the City Manager to pursue the following courses of action: 1. Require removal of the road, bridge and culvert in Japanese Creek, as previously agreed to by the developer. 64 CITY OF SEWARD, ALASKA RESOLUTION 2007-079 2. Require the developer to repair damaged sections of the Japanese Creek levee in accordance with the original design specifications of the levee, and if the City agrees to the cost, the City would share equally in the cost of the repair. 3. If the developer does not repair the levee, the City of Sewazd will repair the levee and pursue reimbursement of the repair costs from the developer. 4. Require property owners ofnon-navigable streams, as riparian owners, to remove stream bed loading as required, to maintain the established Base Flood Elevation (BFE). 5. Do not enter into a subdivision agreement for the Forest Acres Afognak Addition until the City of Seward and/or the developer, in accordance with Seward City Code, establish a Base Flood Elevation (BFE) and provisions in the subdivision agreement to minimize flood damage. Section 2. Direct the City Manager to develop a plan and budget for annual inspection and maintenance of Levees in the City of Sewazd. Section 3. Direct the City Manager to begin working with the Kenai Peninsula Borough, state and federal government agencies and commercial and private entities to manage, prioritize and budget for bed load removal in The City of Seward. Section 4. This resolution shall take effect immediately upon its adoption. PASSED AND APPROVED by the City Council of the City of Sewazd, Alaska, this l3cn day of August, 2007. TFIE CITY OF SEWARD, ALASKA (1../ Vanta Shafer, Mayo AYES: Dunham, Bazdazson, Thomas, Amberg, Shafer NOES: Valdatta ABSENT: None ABSTAIN: Schafer ATTEST: ;~ .~' h ~;., ~fean Lewis, CMC, City Cierk (City Seal) e` ~~~~~-r r r r r rrrrrr~t. ,~ pl: S~'ll, , a ~~'^~ '~ -•~•-- ~ u~i s ~ • ~, i . ~ •~ i, ~ ~~ [ s •....t.•' ~,. ~~s rt~~~EEElE33tA4 s~ City of Seward, Alaska Monthly Budget Report For the Month ended August, 2007 We are pleased to provide this budget report for the month ended August, 2007. The intent of this report is to improve the transparency of financial and budgetary reporting for the City, and to present information in a format that combines narrative and graphical elements, to make it easier to understand. The report includes the following components: 1) the narrative report explains the highlights of financial results year-to-date; 2) a preliminary list of unbudgeted operational needs, which is awork-in-progress; 3) a list of supplemental, mid-year appropriations; 4) cash balances in all City funds; and 5) risk area assessment. We welcome comments from the City Council or the public as to how we may improve this document to make it more useful for timely decision making. This report contains information on the major sources of revenue for the General Fund, with a focus on providing historical perspective on the timing of revenues and the City's typical revenue cycle. Revenues are compared on a monthly basis over four years. Revenues are then compared according to major revenue category (taxes, licenses/permits, intergovernmental, charges for services, and miscellaneous) across years, to see whether major revenue sources are increasing or decreasing. And finally, year-to-date revenues are examined to predict whether we can expect to meet budgeted revenue goals. An analysis of expenditures demonstrates the typical pattern of spending during the year. For example, debt service payments are generally made semi-annually (June and .October), snow removal costs are higher in the winter, and campgrounds gear up in the Spring. In this analysis, expenditures are compared on a monthly basis, and then by category, showing the trend in costs for each major category (salary, benefits, purchased services, supplies/maintenance, general and administrative, capital and debt, and other). Finally, a table is provided which shows the extent to which each General Fund department is tracking with budgetary projections. s6 GENERAL FUND Analysis of All Revenue Sources Graph 1: Revenue Comparison by Month lo,ooo 9,000 8,000 .v 7,000 ~ 6,000 ti 0 5,000 H 4,000 3,000 ~~ 1,000 O 2004 ~ 2005 ^ 2006 ®2007 This graph presents the monthly distribution of all revenues of the General Fund, which includes Taxes, Chazges for Services, Intergovernmental, Licenses/Permits, and Miscellaneous. The graph highlights the revenue cycle of the General Fund and demonstrates that the majority of General Fund revenues are collected in the second half of the year. The primary source of revenue for the City is tax revenue, representing 55% of all 2007 budgeted revenues. Sales tax alone accounts for 41% of all budgeted revenues. Taxable sales revenues are highest in the second and third quarters (April through September), and Sewazd receives those sales tax payments from the Kenai Peninsula Borough primarily in August and November. Property tax revenues are due to the Borough in April and November, and are received by the City typically in May and December. Chart 1: Comparison of August Revenues Across Years Year Revenue thru Au ust % chap a from rior ear % of Total 2007 $4,816,526 3.9% 53.1% of Bud et 2006 $3,470,278 11.0% 35.6% of Actual 2005 $2,773,992 4.2% 34.8% of Actual 2004 $2,637,321 13.2% 40.0% of Actual 2003 $2,969,783 41.8% of Actual 26'7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec This same information is presented graphically, below: Graph 2 -Collections through August as % of Annual Total Thousands 10,000 8,000 6,000 4,000 2,000 0 ^ Receipts to Date OPost-August Revenue ® Remainm~ Budget O % of Annual total The following graph aggregates revenues into primary categories. This graph reflects revenues through August for the current year and four prior years. General Fund revenues come primarily from Taxes, Charges for Services, and Intergovernmental Revenues, in that order. Through August, Charges for Services are $143,784 higher than the previous year (through August), Penalties and Interest are $51,536 higher, and Taxes are $232,373 higher. Other categories of revenue (Licenses and Permits, Intergovernmental, and Miscellaneous) are lower than the prior year. Overall, revenues are higher by $200,838 through August, compared with the same period in the prior year. The ability to meet budgetary targets will depend, in large part, on the amount of sales tax revenue generated in the second half of the year. 6--8 2003 2004 2005 2006 2007 Graph 3 -Revenue Comparison by Category -Through August 2,500 ,~ 2,000 0 1,500 H 1,000 500 ^ 2003 2004 ^ 2005 ^ 2006 ^ 2007 Tax Revenues The graph above reflects an increase in tax revenues compared to the same period in 2006. Sales tax revenues are $286,676 higher through August in 2007, over 2006. However, the collection of sales tax is not entirely consistent from year-to-year, so drawing conclusions this early in the year is somewhat problematic. However, taxable sales data provides a higher level of certainty regarding the trend in sales tax revenues. Kenai Peninsula Borough sales tax data for the second quarter indicates that taxable sales through June are 8.88% higher in 2007 than in the prior year.' Some level of higher sales tax revenues can be attributed to the "per seat, per day tax on recreational sales" passed by the Kenai Peninsula Borough, via KPB Ordinance 2005-009 and KPB Ordinance 2006-02. This new method of taxing recreational sales went into effect January 1, 2007. The impact of this change is difficult to estimate, since the City does not collect sales tax data directly from local businesses, but the impact is expected to have the highest impact on third quarter (July -September) sales taxes.2 The increase in sales tax revenues can also be partially attributed to the increase in the cost of fuel. In comparing fuel sales in the Seward area, taxable fuel sales grew 5.26% from 2005 to 2006, representing an increase in tax revenues to the City of $26,814. The data is as follows: 2005 2006 Variance Gross Fuel Sales $22,688,058 $28,289,782 $5,601,724 Non-Taxable Fuel Sales $ 9,932,902 $14,864,267 $4,931,365 Taxable Fuel Sales $12,755,156 $13,425,515 $ 670,359 Sales Tax increase from higher fuel sales $670,359 x 0.04 (4% sales tax) _ $26,814 ~ Data from Kenai Peninsula Borough as of 8/15/07. z KPB estimated the Borough-wide impact of the per-seat, per day policy would generate $250,000 in added Borough revenues. This assumes an increase in taxable sales Borough-wide, of $12.5 million, given the Borough's 2% sales tax rate. The portion attributable to Seward is difficult to estimate. 4 Taxes License/Permits Intergovernment Charges for Misc. Services Sales Tax revenues are budgeted to reach $3,725,130 in 2007. This represents an increase of $206,695 or 5.87% over the actual sales tax revenue collections in 2006. In order to achieve this higher level of sales tax revenues, taxable sales must be at least $5,167,375 higher in 2007 than they were in 2006. As of the second quarter 2007, taxable sales are $2,360,576 higher than they were over the same period in 2006. Third quarter taxable sales information will not be available until November. Through August, we have received only 37.6% of budgeted property tax revenues (higher than 2006), but this is typical given that property taxes are due either in one single payment on October 15, or in two equal installments (September 15 and November 15). We will receive the majority of our property tax revenues at the end of the year. Through August we have received 57.1% of budgeted sales tax revenues. Most of Seward's sales tax revenues are generated in the second and third quarters, and are therefore received in the second half of the year. Other Revenues Intergovernmental revenues are at 27% through August, and Charges for Services are at 70%. Penalties and Interest are at 164.3%, Licenses and Permits are at 55.7%. Overall, revenues collected through August, 2007 are approximately $200,838 higher than the same period in 2006. Non-Recurring_Revenues One-time revenue sources are performing below expectations; the .budgeted cargo fee of $150,000 has not been implemented, and has been opposed by a resolution of the Port and Commerce Advisory Board. Anticipated contributions from the State for PERS were budgeted at $400,000, but the City will receive only an estimated $65,000 attributable to the General Fund. The State legislature appropriated $198,000 of unexpected `energy assistance' to the City. The net of these three line items results in an expected revenue shortfall of $287,000. GENERAL FUND Analysis of Expenditures The graph below depicts the typical spending pattern of the General Fund. Spending in the General Fund is fairly equally distributed across the .year, although slightly less in the early months of the year. Expenditures tend to rise toward the summer with the ramping up of campground operations, and then again at year-end in years with excessive snowfall. 5~ 12,000 10,000 s,ooo N ~ 6,000 H 4,000 2,000 Graph 4: Expenditure Comparison (by Month) Through August Overall, General Fund expenditures in 2007 are slated to be 12.7% lower than in 2006 (due to the one-time hospital PERS payment in 2006). Total expenditures through August are at $5,897,662 or 64.1% of the total budgeted expenditures of $9,200,045, while 66.6% of the fiscal year has expired. Expenditures are lower than the annualized budget (66.6% of the budget) by approximately $235,702, and are $537,452 higher than the same period in the prior year. The primary increase in costs has to do with debt service payments and employee benefits. To determine whether these year-to-date costs indicate the potential for year-end budget savings, we need to look at the specific categories experiencing budget savings. Graph 5 shows that compared to 2006, the current year is higher in nearly every cost category (other than general and administrative). Salary and benefit costs represent 62.1% of the entire General Fund budget in 2007. Graph 5 -Expenditure Comparison (by Category) Through August 2,soo v 2,000 c c 1,500 H 1,000 500 Salaries Benefits Purchased Supplies & Services Maint. ^ 2003 2004 ^ 2005 ^ 2006 2007 6 ~ ~, General & Capital & Debt Admin. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec ^ 2004 a 2005 a 2006 ®2007 Through August, salary and benefit costs are at 62.9% of budget and are $358,000 higher than they were at the same period in the prior year. Summer salaries tend to be slightly higher due to campground activities, and with the bulk of summer activities accounted for through August, we can expect to see some salary savings. Qr~ the other hand, salaries and benefits can be impacted by snowfall levels which impact the costs of public works. The primary reason for the year-to-date salary savings is that the PERS actuarially required contribution rate came in less than the budgeted projections. These potential savings are offset, in part, by higher-than-budgeted health insurance costs, which are expected to come in $35,000 higher than budgeted due to a 10% increase in monthly premiums effective September 1, 2007. In addition, the 2007 State legislature has changed the method for computing the City's retirement contributions for new hires. The City will now be required to pay at least 22% for all new employees hired under the newly established defined contribution retirement plan. Previous to this legislative session, the rate paid for new hires was less than half of the rate paid for employees covered under the prior PERS Tier I, II, and III. However, this legislative session, the State legislature modified the contribution rates such that the City no longer pays substantially lower rates for newly hired employees. Rather, the higher contribution rate is now required to be paid on all covered payroll in order to pay down the unfunded liabilities to the retirement system. Other unanticipated expenditures include a $30,000 legal settlement for aUnion-related matter, appraisals for the north forest acres levee project (which are not eligible for grant funding), repairs to the Community Center in excess of $330,000 (to be paid out of insurance reserves due to lack of fund balance reserves, and in addition to siding costs), repair costs on heavy equipment not anticipated in the budget, costs to replace a public safety computer server that failed beyond repair, and various other matters. Legal costs are at nearly 100% at this point in the year due to the Trustees of Alaska lawsuit, as well as significant lease-related matters involving attorney time. Over the previous four years, expenditures through July have averaged 51.1 % of total annual expenditures, as reflected in Graph 6 below. This statistic demonstrates that although 66.6% of the year has expired, it is not uncommon to see expenditures coming in at less than the annualized budget at this point in the fiscal year. Given this year's budget of $9.2 million, August expenditures represents about 64.1 % of all budgeted expenditures. 7~~ Chart 6 -Expenditures through August as % of Annual Total 'Thousands ~ 2000 Toooo gooo 6000 4000 2000 0 Unexpended Appropriation O % ofAnnual ~ Rerrraining Budget The following table reflects a breakdown of the individual departments in the General Fund, and their expenditures through August. Encumbrances represent amounts that have been obligated. for expenditure, but which have not yet been paid. Some expenditures, such as motor pool rent payments and salaries/benefits, are not included in the "encumbered" column, even though they are obligated in the budget. Chart 7: Department Expenditures Through August Department Actual thru Au ust Annual Budget % of Bud et Encumbered % of Budget Ma or & Council $201,955 $296,729 68.1% $43,218 82.6% Boards & Comm. $ 35,450 $92,435 38.4% $ 0 38.4% al $152,470 $160,000 95.3% $ 0 95.3% Ci Mana er $243,093 $393,035 61.9% $12,471 65.0% MIS $122,598 $208,420 58.8%' $ 0 58.8% Ci Clerk $129 077 $221,371 58.3% $ 0 58.3% Finance $406,406 $631718 64.3% $ 1,069 64.5% Plannin $111,257 $162,008 68.7% $14197 77.4% General Services $ 67,149 $102,250 65.5% $15,030 80.4% Contributions $120,500 $156,000 77.2% $35,500 100% Police Jail Anm.Ctrl $1,318,801 $2,102,468 62.7% $36,454 64.5% Fire $338,063 $526,168 64.3% $ 10,998 66.3% En ineerin $134,783 $192,235 70.1% $ 7 784 74.2% Buildin Ins ection $68,131 $134,457 50.7% $ 1,500 51.8% Public Works $807,199 $1 222,656 66.0% $45,874 69.8% Munici al Buildin $160,480 $288,766 55.6% $36,530 68.2% Parks & Recreation $732,796 $1,117,348 65.6% $19,626 67.3% Libra $227,940 $359,436 63.4% $4,358 64.7% Debt Service $520,679 $837,545 62.2% $316,866 100% Total: $5,897,662 $9,200,045 64.3% $601,475 70.6% l~ 8 2003 2004 2005 2006 2007 ~a aQ ~ ~ N F N W y 9 ~ W ~" y U ~ _v W ~ c C N N ~ W 7 C~ Q C ~ +' W to Q m y m O a m ~ O a c a ° w ~ m a > ~ E o ~ ~ ~ d ~ N r r m a u~ N pN, V r 0 01 O .d. 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O O O p J Z L O N C ~ .r 1- O~~O a,a QUUF-QQQaOcnOU QmlLC7u.Z a_C9 September 2007 _ Septenl~ ~ 4~ 6:30pm P&Z/SBCFSB 7;30pm P&Z Meeting September 2007 October 2007 S M T W T F_ S S M T W T F S 1 1 2 3 4 5 6 2 3 4 5 6 7 8 7 8 9 10 it iZ 13 9 10 11 12 13 14 15 14 15 16 17 18 19 20 16 17 18 19 20 21 22 21 22 23 24 25 26 27 23 24 25 26 27 28 29 28 29 30 31 30 y_ __ _ Thursday Friday ~~ -- bt. -- -- ' 6:30pm Historic Preservation Meeting - 10, - _ _ ~_ _ 12- _ _ 13 _ __ 6:OOpm:CC Budget WS 12:OOpm PACAB Meeting 7:30pm City Council Meeting j 7:OOpm Meet the - Candidates ~~ ?0 mP Counc 3~pm City Cou Meeting 17 18 - -~_ .----r ----_ 630pm P W1e Sean 12:OOpm ~24 - _ __ _ v 2£ 19' _20 9:004m Social Security V ~ ~ Representative Nanci Richey 1 ~ ~ 9/19/2007 3:04 PM O C~~ ~~ ~ ~ O O ~ October 2007 November 2007 S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 7 8 910111213 4 5 6 7 8 910 14 15 16 17 18 19 20 11 12.13 14 15 16 17 21 22 23 24 25 2627 18 19 20 2122 23 24 28 29 30 31 25 25 27 28 29 30 Monde - _- -_ Tuesda _T - Wednesda~__ Thursday Friday 3 4~ - 2 October 1 __ _ __ 7:OOam Election Day _ 12:OOpm PACAB Meeting ~i 7:30pm P&Z Meeting 7:30pm City Council -- Meeting r :OOpm City Council ~ Budget WS 7:OOpm City Council Budget WS 7:OOpm City Coundl Budget WS 7:OOpm City Council Budget WS 7yc. ('~ci ~ metf. cA~nc,~ l --- 15 16 ^ ' _~ 17 ~ 1 ' 1_ 7:OOpm City Council 6:30pm ,1Noric'SQSSiar~ 12:OOpm W aska D~y,DEfces 9:OOam Social Security Budget WS _ Representative 6:30pm Historic Preservation Meeting 22' ---- ---- 23 ~c'~ ~ -- --- -- 24 _ __ _ --- 2 - _ _ _... -~ 7:30pm City Council Meeting 29 ' 30 ---- - 31 - - --- -- _ -~ Nanci Richey i,,. ~ 9/19/2007 3:05 PM